The defendant was charged with Impaired Driving and Over 80. Both charges were dismissed after a trial. The trial judge agreed with my argument that the prosecutor had not led sufficient evidence to prove beyond a reasonable doubt that the defendant’s ability to operate his motor vehicle was impaired. On this basis the trial judge dismissed this charge. The trial judge also agreed with my argument that the second breathalyzer test was not taken in a timely fashion. This was sufficient to warrant a dismissal on the Over 80 charge, as well.
